Matrimonial disputes can be quashed under Section 482 of the Cr.P.C if amicably resolved, even if involving non-compoundable offences, prioritizing genuine settlements to secure justice.

JUDGMENT :

SAVITRI RATHO, J.

1. I have heard Mr. A.K. Sarangi, learned counsel for the petitioner, Ms. S. Patnaik, learned Addl. Govt. Advocate for the State and Mr. A.K. Sahoo, learned counsel for the opposite party no.2.

2. This application under Section 482 of the Code of Criminal Procedure (in short “Cr.P.C”) has been filed by the petitioner – husband challenging the order dated 30.01.2017 passed by the learned SDJM, Cuttack in G.R. Case No 1928 of 2015 taking cognizance of offences punishable under Section-498-A, 307, 323 of the Indian Penal Code (in short IPC ”) against the petitioner.

FACTUAL MATRIX

3. The petitioner is the husband of opposite party No. 2. The prosecution allegations in brief as per the F.I.R. lodged by opposite party no.2, Binodini Swain is that her marriage had been solemnized in the year 2004 with the petitioner, Bhakta Prasad Swain and they led a happy conjugal life for one year. Thereafter, without any justification he started assaulting her, asking her bring Rs.1,00,000/- . When she would say that her brother did not have the capacity to arrange for so much money, he would abuse her brother in filthy language and beat her and their son . When his brother and sister in law tried to stop him, he would abuse them and threaten them . He had beaten her on the head with an iron rod and had made repeated attempts to kill her, but as all her in-laws were supporting her, she survived. She has further alleged that as she did not satisfy his repeated demands to give money to sustain his drinking habits, he had attempted to kill her.

4. After submission of chargesheet, the learned magistrate had taken cognizance of the offences as aforesaid.

5. On the date of admission, considering the submissions of the learned counsel for the petitioner that the dispute between husband and wife had been amicably resolved, while issuing notice to the wife, this Court had directed the parties to appear in person and file a joint affidavit regarding the settlement.

6. Opposite Party no 2 has entered appearance through her counsel Mr. A.K.Sahoo. The joint affidavit of the parties has been filed on 26.06.2023, stating that the dispute between them has been settled and they are living together along with their two children in their village and leading a happy conjugal life and if the proceedings were not quashed, they would be put to irreparable loss .

7. The petitioner - Bhakta Prasad Swain and opposite party no.2 - Binodini Swain duly identified by their counsel had appeared in Court yesterday i.e. 13.07.2023 and stated that they are staying together with their two children in their village and Opposite Party No.2 submitted that she does not want to proceed against the petitioner.

8. The learned counsel for the petitioner submits that as the dispute between the parties has already been settled through the intervention of family members and other villagers and the petitioner and the opposite party no 2 are living together, invoking the inherent powers of this Court under Section 482 of the Cr.P.C, the criminal proceeding against the petitioner should be quashed to secure the ends of justice.

9. The learned State Counsel has submitted that there is no illegality in the impugned order taking cognizance as the materials in the case diary made out a case under Section – 498-A, 307, 323 IPC against the petitioner . He also submits that the offences – 498-A, 307 are not compoundable under Section 320 of the Cr.P.C.

10. From a perusal of the FIR, it is apparent that the allegations in the FIR are directed against the petitioner only and undoubtedly is a dispute between husband and wife. As they have amicably r